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2011 MarsdenLR 1789

FEDERAL COURT PUTRAJAYA
ASIA GENERAL EQUIPMENT & SUPPLIES SDN BHD & ORS – Appellant
Versus
MOHD SARI NUAR & ORS – Respondent


Table of Content
1. factual background of the loan and share transactions. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. plaintiffs' claims and arguments regarding foreclosure and trust. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
3. high court's findings on share transfer and breach. (Para 17 , 18 , 19 , 20 , 21)
4. findings on the statute of limitations and the doctrine of estoppel. (Para 22 , 23 , 24 , 25)

[1] This appeal involves limitation period to bring an action. For ease of reading, we shall refer to the parties as they were in the court of first instance. And to appreciate the questions posed to us, we shall begin with the facts.

Facts

[2] The plaintiffs were shareholders in a private limited company known as Steel Furniture Centre (Sabah) Sdn Bhd (the company). The name of the company was subsequently changed to Multi Industries (Sabah) Sdn Bhd.

[3] On 9 February 1983, the plaintiffs, the company and the 1 defendant entered into a loan agreement ("loan agreement") where the 1 defendant agreed to lend the company a sum of RM3 million free from all interest for a period of five years ("loan period"). This period ended on 31 December 1987. In consideration for this loan, the plaintiffs trans

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